F. COUTHOUI, INC. v. UNITED STATES

No. M-64.

54 F.2d 158 (1931)

F. COUTHOUI, Inc., v. UNITED STATES.

Court of Claims.

December 7, 1931.


Attorney(s) appearing for the Case

Charles H. Le Fevre and Howard S. Le Roy, both of Washington, D. C., for plaintiff.

George H. Foster, of Washington, D. C., and Charles B. Rugg, Asst. Atty. Gen. (Ottamar Hamele, of Washington, D. C., on the brief), for the United States.

Before BOOTH, Chief Justice, and WHALEY, WILLIAMS, LITTLETON, and GREEN, Judges.


GREEN, Judge.

The plaintiff in this case paid $167,606.22 as taxes on broker's sales of admission tickets from October 30, 1926, to September 30, 1930, inclusive. Within due time, the plaintiff filed a claim for refund of this tax on the ground that the statutes under which it was imposed were unconstitutional. The Commissioner denied the claim and the plaintiff has brought suit thereon. The only issue in the case is as to the validity of the act.

The statutes...

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